Tuesday, April 6, 2010

Great Good Friday, Climbing Up & Snowboarding Down Tuckerman's Ravine

Last Friday, with my awesome 13-year-old son, I was fortunate to share the intense and immense pleasure of hiking up snow-covered Mount Washington, NH, climbing up Tuckerman’s Ravine and snowboarding down.

Ably leading us 1st-timers on this bold mission, were two other Soccer Dads, a totally-cool Ski-Racing Mom and Dad, four Ski-Racing Kids aged 9-15, and two of my son's Soccer Teammates.

What a glorious, Spring day!  One Run down Tuckerman’s Ravine, plus the ride all the way down the Mountain after the hike up was a solid day's workout for this “Grey on a Tray”!  3 hours climbing up and 30 seconds snowboarding down Tuckerman's Ravine was totally worth the effort!

It was my first Tuckerman’s experience and I look forward to many more.  It was 65 F degrees, dazzling sunshine, deep blue sky and the snow was wet and heavy.  Every carving turn triggered noisy, slowly-slipping snow-slides; like benign, mellowed-out. mini-avalanches.

I over-packed my backpack with winter clothes, food, water and PBR, which turned my legs to rubber by the time I'd finished climbing up the Right Chute.  My son and I talked about hiking further up the ravine to the left, but decided, “naaaah, next time”.  My snowboard run down the ravine was somewhat geriatric; but to be charitable if not fair to myself, I really wanted to make it last ;-).

I can only imagine how scary skiing down Hillman’s Highway must be!  The totally cool ski racing parents, with their 3 kids and one ski-racing-soccer-teammate, climbed up the Ravine a 2nd time and took the Left Chute down, which looked absolutely terrifying to us from below.

Most amazing of all, was that after we drove back 2.5 hours (fast!) to Burlington, just-in-time for the Kids' 7:00 PM Indoor Soccer Game, the kids all played their game with Full, 13-Year Old Energy and Won!  It was as if they'd spent their day sitting in school and needed to let-off steam!  I was toast!  Ahhhh, to be 13 again. (Not! I'd settle for 25!)

Thursday, April 1, 2010


I hope everyone's having a good time on this glorious day of April Fools!

My best (and worst) ever April 1st was the one when about 10 of my 22 country managers in our B&J’s Int’l network got completely freaked-out, by our Int’l Marketing colleague’s brilliant prank:

Without anyone's knowledge, "M" sent our entire international network an extremely somber and urgently-toned email, informing us that B&J’s USA had:

“...unfortunately failed, following prolonged efforts to renegotiate the International License with Vermont Artist Woody Jackson, resulting in our having lost all rights to use Woody’s (B&J’s-Iconic) 'Woody Cow' imagery outside of the USA and Canada."

M’s message, (dummy) cc’d to Unilever Legal colleagues in NJ & Rotterdam, stated that B&J’s Int’l operations had to immediately cease and desist from using Woody Cow images anywhere in our trade dress, including packaging, trade collateral and scoop shops that we’d licensed and built around Europe, Asia and Latin America.  M’s coup-de-grace was the beautiful artwork image attached to his email, painted by a co-conspirator in B&J’s Design Group, showing "newly authorized” imagery:  Black & White Skunks.

There are many national cultures around the world that know nothing about our April Fools-Day Tradition; so I spent the better part of that day and some of the following night (for Asia) talking Country Managers and their local Unilever Ice Cream Chairman, respectively, down off of their upper-floor window ledges and out of their proverbial trees.

Speaking of Creativity…readers might also enjoy the material below about Tina Seelig of Stanford, whose concept of “The Failure Resume”, I find really great.  The blog-post below featuring Tina is from from “The Frank Peters Show: Angel Investing and Venture Capital” http://bit.ly/cDqNZ7 I always find Frank Peters' blog & podcasts fascinating and very useful, especially when I'm getting pumped-up for raising growth capital.

Wednesday, March 17, 2010

Lively Discussion on For-Benefit Corporations -- Thoughts from Vermont Angel Investors & Entrepreneurs, including me:


"For Benefit Corps" thumbs up or thumbs down? -- Posted by Cairn Cross, of Fresh Tracks Capital, on his Facebook Page:
Today John Margolis posted a well written article on his news blog called "Corporate Values" (http://www.vermontnewsguy.com/corporate-values) which provides a good overview of S.263, a bill that was approved last week by the Committee on Economic Development Housing and General Affairs. Last fall at the request of Will Patten, executive director of Vermont Businesses for Social Responsibility (of which my firm FreshTracks is a member) I studied the proposed law and spoke to a number of people around the country who were part of drafting the bill and promoting the concept of "for benefit" corporations.

After studying the bill I decided that there were both positives and negatives and that I should be "neutral" and not be an advocate for, or an opponent of, the proposed legislation. I remain neutral today but find it interesting that quite a bit of the article was devoted to using the new law as a way to perhaps thwart the sale of a company. The example of the Ben and Jerry's sale to Unilever was cited. Theoretically, if B & J was charted as a for benefit corporation it might not had to have considered stockholder value as the primary motivator and it could have rejected the B & J offer. There is of course a counter argument which is that maybe B & J would not have successfully raised money from the public to began with if it was organized as a "for benefit corporation" because the investors would have been concerned that at the end of the day the company would not be managed for the financial benefit of the stockholders but instead would have been managed for another purpose, perhaps at the whim of the founders and the board.

My concern over S.263 at inception, and my continued concern particularly after reading the Margolis piece, is that the bill is not investor or stockholder friendly. Capital flows like water along the path of least resistance. Any barriers to this path, slow or divert the flow of capital. For instance asking investors to be patient as to liquidity or to take a lower return on their investment for corresponding risk, will slow the flow of capital. Similarly I fear that asking investors to have stockholder value subordinate to other "for benefit" values will be a barrier to new capital formation. The counter argument is that there are indeed a few pools of capital formed to invest in "B corporations" (which are similar to S.263's "for benefit" corporations) and there may be a pent up demand from investors who are not concerned about value but are concerned about other benefits.

So that's why I am neutral on S.263. However, I'd love to hear what the rest of you think.
(Cairn Cross' Facebook Post)
Updated on Monday · · · Report Note
Tom Torti
Tom Torti
Carin et al: I am weighing in a bit late in the day after being at the state house and following the Burton announcment and after watching some other political machinations in Montpelier. In many ways the bill strikes me as an attempt to rewrite the rules of capitalism to inject broad social concepts into the mix. i'm not sure that our future ... See Moregrowth and prosperity in any sector is assisted by fundamentally altering time worn financial strategieis with what I would argue are non monetary perspectives. To answer the question regarding investment capital, most who I asked thought that but for limited capital investment by a scant few who have the luxury to play around a bit, significant investments at all levels would be stunted by the public benefit corp model.
Yesterday at 4:40pm · Report
Will Patten
Will Patten
The primary purpose of the Benefit corporate charter is to establish and protect a way of doing business that has long proved very successful. The Benefit corporation is based on a growing realization that a company cannot achieve sustained financial prosperity without investing in social and natural capital with the same rigor with which it ... See Moreinvests in financial assets. Driving a company towards short term financial gain at the expense of People and the p
Planet has proven to produce artificial wealth and a roller coaster boom and bust economy. Yet corporate law requires that companies do exactly that.
So a Benefit charter protects directors who want to make decisions that are in the best long term interests of a company. Benefit corporations act in the best interests of all stakeholders, including shareholders. They are not "non-profit" or limited profit like the L3C. They make money in a prudent - I call it old-fashioned - way.
This law protects them.
Yesterday at 6:00pm · Report
Cairn Cross
Cairn Cross
Will I appreciate the clarification for Nate and others.
Yesterday at 6:19pm · Report
Nate Freeman
Nate Freeman
Will, I didn't mean to suggest anything negative in reference to L3Cs and NPOs. My apology if that's how my comment came across.

Cairn, you know, I think there's no good reason to oppose S.263. Pass it into law and see how it flies. We did so with other novel corporation types including captive insurance and L3Cs. It's fun to kick the ball around hypothetically and conclude Benefit corps won't attract investors, but in terms of legislation I suppose it makes sense to let proponents to take the ball and run with it.

Will, in terms of stimulating investor interest, I think a feasible way to raise capital might be through bond offerings and/or convertible preferred shares. These types of investments are probably a good fit for investors with a long term view. ... See More

A Benefit corp might even offer investors a bond ladder opportunity. Briefly explained, the company would issue 5 year notes once a year for 5 years, or a series of 5 year, 6 year, 7, 8, 9 and 10 year notes simultaneously. The investor purchases equal amounts of each bond and receives a rotation of annual dividends. At the end of the term, the investor can either cash out or purchase a new set of bonds. This method diversifies total investment, reduces risk, offers tangible returns on a regular basis. The effect might be that investors would be more likely to appreciate the long term view and therefore agree with the board of directors to refuse a buyout from a company that does not align with the Benefit corps social mission.

Let me know if you need me to contact my reps and senators, ok Will?
Yesterday at 7:06pm · Report
Cairn Cross
Cairn Cross
One thing to clarify. A "B-Corporation" is different than a "for benefit" corporation. "B-Corporations are certified by an organization known as B-Lab and any corporation located anywhere can applied to become a certified B-Corporation. However, the certification does not offer much in the way of legal protection. The for benefit corporation as ... See Morecodified in S.263 allows a corporation to have articles of incorporation acknowledging other reasons to exist that simply the creation of stockholder value. Hope this helps.
6 hours ago · Report
Cairn Cross
Cairn Cross
I came across this piece today and while not exactly about S.263 or for benefit corporations, it has an interesting perspective on social responsibility which ties loosely into this discussion. Worth a read. http://www.trinitynet.com/perspectives.html.
6 hours ago · Report
Cairn Cross
Cairn Cross
To be clear the link above brings you to a landing page and you are looking for the article titled small business and sustainability. It is pertinent to some of the comments that Jim Smith made earlier in this thread.
6 hours ago · Report
David Rachlin
David Rachlin
Hello Cairn and Will and Bob. Happy St. Patrick's Day to you and all others commenting on this subject whom I don't yet know. I look forward to meeting you!

As one with some experience at both building and failing in early-stage businesses targeting Consumer Markets, who's just beginning to learn about Capital Markets, I offer my 2 cents and welcome all feedback:

Most successful marketing efforts depend (among other things) on effective Market Segmentation. Effective segmentation is (usually) achieved by Segmenting Markets around Perceived Benefits to Buyers.... See More

When it comes to marketing Equity of a Corporation to Capital Markets, my general experience as a Marketer leads me to believe that the "Investor Benefits" of B-Corps (as Will Patten has beautifully articulated above) will be Valued by "Some Investors", for "Some Portions" of their Investment Portfolios. This is nothing more (or less) than a theory of strategic marketing Segmentation applied to Capital Markets. My response to Nate Freeman's question regarding "where's the need for Benefit Corp's that's not already been addressed by NPO's and L3C's, I would ask, "Where's the need for iPhones, when there are already so many other Smart Phones and MP3 players out there in the marketplace that cost less?" It's all about market Segmentation, Branding and great, targeted marketing. Not everybody has an iPhone and certainly nobody "needs" and iPhone. But there IS a market for them! I believe Equity in B-corps "Should" be appealing to certain types of investors for certain portions of their portfolios. That's only because I also believe that market-worthy Products and Services marketed by successful B-Corps must, by definition of "Success" be appealing to major segments of Consumers. Stakeholders and Society.

Earlier today, @BCorporation just tweeted and posted on their Facebook page (which I RT'd as @DavidRVT) an article totally relevant to this discussion, from the Impact Investor Blog: http://www.theimpactinvestor.com . Here's a pertinent quote and link to that Post:

"Yet other companies become B Corps to raise capital. A number of the almost 30 financial services companies that are B corps have invested in other B Corps or extended financing to them. Two of them—RSF Capital Management and E3 Bank now require that their corporate borrowers use the B Impact rating system. New Resource Bank also uses the rating system as part of its assessment of potential lenders. B Lab recently signed an agreement with Investors’ Circle, the angel network for triple bottom line businesses, that also requires all companies that present at their conferences to submit themselves to the B Impact Rating System. B Lab is also working with groups in Singapore, in the United Kingdom, and in Toronto that are developing local social stock exchanges." http://bit.ly/aJIJ5N

My personal experience and outlook are 100% aligned with what James Smith has written above, when it comes to the First Order of Business for any Enterprise (whether Socially Responsible or Otherwise). As Unilever's first CEO of Ben & Jerry's, my friend Yves Couette, succinctly put it to the B&J's Leadership Team in early 2001 : "The least socially-responsible thing that any socially-responsible company can do is to go out of business. To be a sustainable, any business MUST return adequate profits to its shareholders."

In summary, I agree with those in favor of passing the VT legislation and letting the Capital Markets decide upon the value of the equity in B-Corps. As with any product launch, the Buyers decide! All my best wishes to you All!
5 hours ago ·
Cairn Cross
Cairn Cross
David. Very elegantly written and thanks for your input. I am trying to round up a few further viewpoints here to broaden the discussion.
4 hours ago · Report
David Rachlin
David Rachlin
Thank you Cairn! This discussion is providing me a relevant and worthwhile diversion, from writing the strategic road-map for my vision of a start-up venture that I plan to bringing to the capital markets very soon. The business will have such important, Societal Benefits intrinsic to its product offerings, that it might be a huge mistake NOT to ... See Moremarket its equity as a For Benefit Corp. As always, we'll have to learn which way the Thumbs will point from the Market for Ideas! Back to the Yin & Yang of Visioning & Due Diligence!
3 hours ago ·

Friday, March 5, 2010

11 Mind-Blowing Reasons Your Company Needs Facebook | Convince & Convert http://bit.ly/cgJh5z